T 0713/02 (Phosphoramidites/AVECIA) of 12.4.2005

European Case Law Identifier: ECLI:EP:BA:2005:T071302.20050412
Date of decision: 12 April 2005
Case number: T 0713/02
Application number: 96933245.1
IPC class: C07F 9/6518
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 96 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: In situ preparation of nucleoside phosphoramidites and oligonucleotide synthesis
Applicant name: Avecia Biotechnology Inc.
Opponent name: -
Board: 3.3.01
Headnote: 1. Even where the Formalities Officer allowed a request for correction of priority data, that matter is not thereby decided in the applicant's favour in binding form prior to the decision terminating the granting procedure and is, thus, open to review by the Board of Appeal. (Point 2.1 of the reasons)
2. The examination of a request for correction of priority data after the publication of the application is not to be restricted to that portion of the facts and circumstances which in a decision of a Board of Appeal in another case were considered not to preclude the correction. Therefore, in the present case, it cannot be ignored that the requested correction by addition of an earlier priority date would eliminate from the state of the art pursuant to Article 54(2) EPC a highly relevant document, which the applicant had previously de facto accepted as comprised in that state of the art. (Point 2.2 of the reasons)
Relevant legal provisions:
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 Art 112(1)(a)
European Patent Convention 1973 R 67
European Patent Convention 1973 R 69(2)
European Patent Convention 1973 R 88
Keywords: Correction of priority data after publication of application (not allowed) - no separate positive decision in examination proceedings - no binding effect - no res judicata - public taken by surprise - correction not requested promptly
Novelty (no) - prepublished document
Referral of questions to EBA (no) - questions irrelevant for present decision
Refund of appeal fee (no) - unsuccessfull appeal
Catchwords:

-

Cited decisions:
G 0010/83
G 0001/02
J 0008/81
J 0014/82
J 0003/91
J 0006/91
J 0043/92
J 0007/94
T 0222/85
Citing decisions:
J 0022/12
R 0004/18
T 0165/07
T 1349/08
T 1259/09
T 2133/10

21 references found.

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Offical Journal of the EPO

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

Case Law Book: V Priority

Case Law of the Enlarged Board

General Case Law